Bombay High Court said - kissing lips, touching with love is not an unnatural crime

MUMBAI: The Bombay High Court has held that kissing of the lips and touching someone with love is not an unnatural offense under Section 377 of the Indian Penal Code and with this the court has held that a man accused of sexually assaulting a minor boy granted bail. Justice Anuja Prabhudesai recently ordered the release of a person on bail. The man was arrested last year following a complaint by the father of a 14-year-old boy.

According to the FIR, the boy's father found money missing from his cupboard. The boy told them that he had given money to the accused person. The minor said that he used to visit the shop of the accused person in a suburb in Mumbai to get recharge done for online game 'Ola Party'.

The boy alleged that one day when he went to recharge, the accused kissed his lips and touched his private parts. Thereafter, the boy's father lodged an FIR against the accused in the police under relevant sections of the Protection of Child Sexual Offenses (POCSO) Act and Section 377 of the Indian Penal Code.

Physical intercourse or any other unnatural act is an offense punishable under section 377. Under this, the maximum punishment can be life imprisonment and it becomes difficult to get bail.

Justice Prabhudesai, while granting bail to the accused, observed that the boy's medical examination does not support his allegation of sexual abuse. He said that under the sections of POCSO levied against the accused, the maximum punishment could be five years and he could be granted bail.

In the present case, the matter of unnatural sex was not prima facie applicable, the court said. The High Court said that the accused has already been in custody for a year and the trial is not likely to start soon. The High Court said, "Considering the above facts and circumstances, the applicant is entitled to bail." With this, the accused was granted bail on a personal bond of Rs 30,000.